A settlement agreement approved by the Wichita City Council on Tuesday closes a decade-long civil case over an officer-involved shooting.
The council agreed to a $200,000 settlement with the family of Karen Jackson, a 45-year-old Wichita woman who was shot and killed by police in 2012.
According to court documents, on July 10, 2012, Wichita police officers responded to a call from Jackson’s husband, Derrick Jackson. Karen and Derrick Jackson had been estranged and living apart, but attorneys for the Jackson family told the Sedgwick County District Court that the birth of their grandchild led Karen Jackson to seek a reconciliation.
Derrick Jackson called police because he had questions about a protective order Karen Jackson had taken out against him. Karen Jackson had come to his home on North Spruce hoping to get back together, and Derrick Jackson was worried that the couple would be in violation of the restraining order.
Court documents say that officers Brian Knowles and Elizabeth Martin responded to the call and met with Derrick Jackson up the street from the home. They confirmed the restraining order was still in effect and told Derrick Jackson they would go to the home and ask Karen Jackson to leave.
Police testimony and filings from the Jackson estate say Derrick Jackson told the officers that Karen Jackson had mental health issues. The family told the court that Karen Jackson had been diagnosed with bipolar disorder and that Wichita police had repeatedly been called to help transport the woman to local hospitals during mental health crises.
Court documents say Knowles and Martin went to the North Spruce home and found Karen Jackson leaving the house. The officers told the court that when they walked up, Jackson was on the front porch with several items in her hands.
Knowles saw a knife among the objects Karen Jackson was holding. Court documents say he and Martin pulled their guns after Knowles told Karen Jackson to drop the knife. The officers said Jackson dropped several items but began harming herself with the knife and moving forward.
The officers shot Karen Jackson four times. Attorneys for the family told the court that the officers failed to identify themselves to Karen Jackson, to attempt to de-escalate the situation or to provide medical aid after the shooting.
Karen Jackson was transported to a local hospital, where she later died of her wounds.
For 12 years, Jackson’s family has pursued damages in court against the city and the two officers. That pursuit spanned from Sedgwick County District Court to the state appeals court and U.S. District Court.
The Jacksons’ case was dismissed in federal court in 2017. City attorneys used the federal dismissal as the basis for a 2021 dismissal of the case in the county court system as well. A change in state case law at the end of 2021 gave the Jacksons’ the opportunity to continue their lawsuit in 2022.
The Jackson estate dropped a claim of negligence against the city for failure to train the officers. Another claim of negligence against the officers for excessive use of force was dismissed by the court.
That left two active claims against the officers. The family claimed the officers’ action constituted battery against Karen Jackson and led to her wrongful death.
In March, attorneys with the city and the family met with the judge to discuss how the trial would move forward. Minutes from that meeting show that both sides anticipated issues due to how long the case had wound on.
The district judge granted an extension and set a date for a jury trial in August. As a condition of the extension, the city and family were required to attempt to mediate by early June.
In the settlement claim presented to the city council, the city’s law department said that “due to the uncertainty and risk of an adverse judgment at trial, the Law Department recommends the settlement. The settlement of this claim does not constitute an admission of liability on the part of the City; rather, it is merely a settlement to resolve a disputed claim.”
